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(영문) 수원지방법원 안산지원 2012.12.27 2012고단1710
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a CNS car.

On August 1, 2012, the Defendant driven the said car under the influence of alcohol content of 0.07% on blood alcohol level 0.07% on August 21, 2012, and proceeded with the front road in front of the Jinsan-si 35-1, Gosan-si, Nowon-gu, Gosan-si, with a view to a remote-distance multi-purpose apartment protection from a long-distance distance.

At the time, it is night, stalved, and there is no lane, so the defendant engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the road and traffic conditions after checking the safety of course by reducing speed and accurately operating the steering direction and brake system.

Nevertheless, the Defendant, while neglecting such duty of care, got the bicycle front wheels of the victim D (the 15-year old), who was on the part of the defendant's driver's seat, who was on the part of the defendant's driver's seat, by manipulating hand on the left side and driving a bicycle on the road under the occupational negligence.

As a result, the Defendant, by negligence in the above occupational negligence, sustained injury to the right slick slick to the victim D, who is a bicycle driver, and suffered from the victim E (the 14 years old), who was on board the bicycle, about three weeks of the right slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick s

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Report on detection of a drinking driver and a drinking-measurement;

1. Application of Acts and subordinate statutes on each medical certificate and bicycle receipt;

1. Each Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.

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